Criminal Law - what does it mean?

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criminal-lawCriminal law involves prosecution by the federal government of an individual for an act that is classified as a crime. Civil cases, however, involve individuals and organizations wanting to resolve legal disputes. In a criminal case, Hawaii, by way of a prosecutor, initiates the suit, during a civil case the victim brings the suit. Persons convicted of a crime could be incarcerated, fined, or both. However, persons found liable in a civil case may simply quit property or pay money, but aren't incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are several common law crimes, most crimes in the USA are established by local, state, and federal governments. Criminal laws vary significantly from state to convey. There's, however, a Model Penal Code which serves as an excellent starting place to get a knowledge of the essential structure of criminal liability.
Crimes include both felonies (much more serious offenses -- like murder or rape) and misdemeanors (less serious offenses - like petty theft or jaywalking). Felonies are often crimes punishable by imprisonment of per year or even more, while misdemeanors are crimes punishable by significantly less than per year. However, no act is really a crime if it is not previously established therefore either by statute or common law. Recently, the set of Federal crimes coping with activities extending beyond state boundaries or having special effect on federal operations, is continuing to grow.
All statutes describing criminal behaviour could be broken down to their various elements. Most crimes (apart from strict-liability crimes) contain two elements: an act, or actus reus, and a state of mind, or mens rea. Prosecutors need to prove every single part of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge beyond an acceptable doubt of each fact essential to constitute the crime charged. In civil cases, the plaintiff must show a defendant is likely only by way of a preponderance of the data, or even more than 50%.

Can You Withdraw From a Joint Account During Divorce?

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Married couples frequently hold bank accounts jointly. When a couple divorces, the marital property and assets, including joint bank accounts, must be divided. But do you have to maintain that joint account during the divorce process? Many divorcing individuals...

Can Parents Lose Child Custody Due to Low IQ?

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When making child custody determinations, courts and child service agencies will make decisions in the child's best interests, and those interests can be examined through a variety of factors, from safety and stability to continuity of family, friend, and school...

Non-Sequiturs: 08.18.17

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* The first letter of every paragraph in this rebuke to President Trump from the President's Committee on the Arts and Humanities spell out the word "Resist." That's putting your English degree to its highest possible use. [Politico] * "[The Statue to Stephen Foster] was commissioned in 1900 by a local newspaper editor who imagined Foster, 'catching the inspiration for his melodies from the fingers of an old darkey reclining at his feet strumming negro airs upon an old banjo,' per a 2010 City Paper article." The "culture" some people are defending is embarrassing for y'all. [Very Smart Brothers] * This is why we can't have nice things like democracy vouchers. Alternative headline: we can have democracy vouchers and catch the people who try to abuse them. [Election Law Blog] !--more-- * The ABA is rolling out a "fact check" website for the public looking for legal information. It's an interesting idea. I wonder if they should do it for law schools? Hmm... if only there were some body, some "accreditation association" of some kind, that could professionally fact check law schools, and deny an imprimatur of legitimacy on schools that routinely mislead their students. I'm...

Understanding Insurance Law

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Between Obamacare and workers' compensation, auto and home policies, and even whether you want coverage on that box you're mailing, our lives are constantly surrounded by insurance policies. If something is valuable and its damage or loss would cause you...

What Is Associational Discrimination?

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Under federal and most state civil rights laws, protected classes can extend beyond the protected class to those individuals who are associated with the individuals in those classes. The association can be clear and obvious, such as between spouses,...

Do I Need a Lawyer for Naturalization?

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Naturalization describes the process by which people not born in the United States or to U.S.-citizen parents can become citizens themselves, a process that can be long, extensive, and complicated. Given the language barrier, the numerous necessary documents, and...

Non-Sequiturs: 08.04.17

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* Today in women's rights, Ta-Ta Towels have arrived and, well, everything is okay now. [BoredPanda] * I wonder what Kamala Harris, Deval Patrick, and Cory Booker have in common to get them so much hate from supposedly left-wing sources? Hmm... [Wonkette] * Apparently six states control the partisan control of the House: Ohio, Michigan, Indiana, Florida, Pennsylvania, and Virginia. And here I thought I only had to care about those places once every four years. [Election Law Blog] !--more-- * There are people, smart people, who are interested in Bitcoin news. Then there are people like me, who have fully dived into all the tables, all the studies, all the future's predictions, and determined: "I'll likely be dead before I'm forced to care about Bitcoin, phew." [Going Concern] * I, too, am taking my first real vacation since the election. But I'm only taking a week off, not 17 days like the president. I'll make you a deal, I won't come back if he doesn't. [GQ] * There's a new study showing the environmental impact -- the disastrous environmental impact -- of American pet ownership. It's sobering, and perfect fodder for a Breitbart twist job: "Kill a Puppy to Save the...

How to Evict or Oust a Squatter on Your Property

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Stories of squatters gaining title to the properties they trespass upon are the urban legends that keep landowners awake at night. Under adverse possession laws, it is actually possible, albeit rather difficult, for a squatter to gain legal title. Landowners...

Is a Stepparent Liable for Child Support?

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A stepparent will generally not be required to pay child support for a spouse's children from a prior relationship. Courts usually will not even consider how much a stepparent earns. However, depending on the specific facts of a case,...

Non-Sequiturs: 07.18.17

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* The ethics probe into Scott Pruitt gains steam. [Huffington Post] * Elon Musk thinks we need to regulate AI now, before it's "too late." Yeah, we should probably listen to him, but we won't. [Recode] * What's left after you lose Andrew Napolitano? [Salon] * Taking the New York bar exam? You'd better be on top of your  lunch plans. [Custom Gourmet] * If you were in a deposition or otherwise occupied all day today, you missed the rise and fall of another vain attempt by Republicans to score a healthcare win. [The Hill] * Oh good, the constitutional crisis could get worse. [Salon] * Shedding the semi-retired label. [Law and More]

Can Immigrants Get Public Welfare?

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One of the most contentious issues in the U.S. immigration debate involves the provision of public assistance to immigrants. Recently, during a rally, President Donald Trump riled up his crowd by stating that he planned on passing a law...

Can My Child Testify at a Divorce Hearing?

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The question of whether your child can testify in a divorce proceeding depends on several factors. Among the most important variables a judge will consider when deciding whether to allow a child to testify is their age and maturity....

How Is Inheritance Handled in Divorce?

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Between the people and the property, there are a lot of moving parts in a divorce. And while we often focus, for good reason, on the easy-to-spot issues like custody, child and spousal support, and who gets the house, we...

Road Trip Laws for Gun Owners

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Summer is here, which means it's road trip time! And if packing up the car, truck, camper van, or RV includes packing a firearm, that means taking a little more care on the nation's highways and byways, legally at least....

Legally, Is My Diary Confidential?

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When it comes to a person's diary or their personal private journal, the truth is that these are rarely going to be considered confidential in a court of law. A person seeking emotional distress damages in a lawsuit, or...